CASA EX56/07 - Exemption - weight limitations in aerial application operations

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

Legislation au F2007L04638 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption weight limitations in aerial application operations

 

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.

 

Aerial application operations under CASR Part 137

Subregulation 137.190 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), states:

The pilot in command of an aeroplane engaged in an application operation must not commence a take-off if the aeroplane’s gross weight exceeds:

(a) the maximum gross weight shown in the aeroplane’s flight manual; or

(b) any maximum gross weight that:

 (i) has been established for that type of aeroplane by a flight test supervised by CASA; and

 (ii) is shown on a placard, approved by CASA and displayed in the aeroplane’s cockpit; or

(c) the maximum gross weight shown on the type certificate, or type certificate data sheet, that is issued for the aeroplane by the NAA of the State of Design (within the meaning given in Annex 8 to the Chicago Convention) of the aeroplane.

 

Under subregulation 137.190 (2) of CASR 1998, a pilot must calculate the take-off weight by a method that includes calculating the weight of:

(a) the crew and any equipment carried; and

(b) the aeroplane’s fuel load.

 

Under the definitions in regulation 137.010 of CASR 1998, an aerial application operation means, among other things, a flight to apply application material. Application material means, among other things, material such as fertilizer, baits and pesticides. Apply means to drop or spray the material onto the ground or water.

 

Exemptions from CASR 1998

Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998. Under subregulation 11.160 (3), CASA may grant an exemption on its own initiative. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.

 

Under subregulation 11.205 (1), CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.210, it is an offence to fail to comply with a condition of an exemption.

 

Under regulation 11.225, an exemption must be published on the World Wide Web. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 2 years after its commencement), or if no day is specified, 2 years after commencement.

 

Background

CASR Part 137 Aerial application operations — other than rotorcraft, was made by the Civil Aviation Safety Amendment Regulations 2007 (No. 1) (SLI 2007 No. 41) and commenced 26 May 2007. CASR Part 137 establishes a new regulatory framework for aerial application operations.

 

Application provisions have the effect of phasing in the operation of CASR Part 137. Self-employed pilots are subject to CASR Part 137 from its commencement. Each new relevant AOC applicant and their pilots are subject to CASR Part 137 from its commencement. Each existing relevant AOC holder who wishes to be subject to CASR Part 137 may so elect by submitting an operations manual for approval. Their pilots would also fall under CASR Part 137. On and from 26 May 2008, all relevant operators and their pilots would be subject to CASR Part 137.

 

Aeroplane weight limitations as set out in regulation 137.190 of CASR 1998, above, are part of the framework.

 

Under normal principles of interpretation, the effect of the alternatives specified in subregulation 137.190 (1) of CASR 1998 (above) is that the aeroplane must not commence a take-off if the aeroplane’s gross weight exceeds any of the specified weights, meaning in effect the lowest of them.

 

However, this is contrary to CASA’s original intention for these operations which was that the aeroplane in an application operation must not commence a take-off if the aeroplane’s gross weight exceeds the highest of the specified weights. This is consistent with the preservation of an acceptable level of safety and reflects previous and existing practice for these kinds of operations.

 

To correct the problem, CASA has issued an exemption which exempts pilots in application operations from the weight limitations expressed in subregulation 137.190 (1) of CASR 1998, but subject to conditions that, in effect, replace subregulation 137.190 (1) in the form in which it was originally intended, namely that the key weight is the highest of the 3 specified weights.

 

Details of exemption instrument

The exemption instrument applies to each pilot in command of an aeroplane engaged in an application operation under Part 137 of CASR 1998 (an operation).

 

The instrument exempts the pilot from compliance with subregulation 137.190 (1) of CASR 1998.

 

The exemption is subject to the condition that the pilot must not commence a take-off for an operation if the aeroplane’s gross weight exceeds whichever is the highest of certain weights set out in the condition. These weights are the same 3 weights as are mentioned in subregulation 137.190 (1).

 

It is necessary for a second condition to repeat subregulation 137.190 (2) of CASR 1998 in relation to how the weight is to be calculated so that the same calculation procedure also applies for the purposes of the exemption.

 

Under another condition, the aeroplane must have a permanently installed jettison system to allow the pilot in command to jettison in flight the contents of a hopper or vessel permanently installed in the aeroplane.

 

CASR amendment

The exemption is required immediately to facilitate aerial application operations on the basis originally intended by CASA and expected by industry. An amendment to subregulation 137.190 (1) of CASR 1998 will be prepared to correct the error in the subregulation.

 

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 under 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 it 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 occurred in this case. The exemption corrects an error to bring the operation of Part 137 of CASR 1998 into line with CASA’s original intentions, and industry’s original expectations, for it.

 

Commencement

The instrument commences on the day after it is registered.

 

The exemption has been made by the Deputy Chief Executive, Strategy and Support, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.

[Instrument number CASA EX56/07]

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation and civil aviation in Australia, providing a comprehensive regulatory framework governing various aspects of aviation operations. A notable issue arose in relation to aerial application operations, specifically concerning the weight limitations set out in regulation 137.190 of the CASR 1998. This regulation inadvertently contradicted the Civil Aviation Safety Authority's (CASA) original intention and industry expectations by mandating that the aeroplane's gross weight must not exceed the lowest of the specified weights, rather than the highest, thereby potentially compromising safety. To address this issue, CASA issued an exemption under the Civil Aviation Act 1988, allowing pilots in command of aeroplanes engaged in aerial application operations to deviate from the weight limitations in CASR 1998, provided certain conditions are met, such as ensuring the aeroplane's gross weight does not exceed the highest of the specified weights. This exemption aims to restore the intended safety standards and align the regulation with CASA's original intentions and industry expectations.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) outline specific safety regulations for aerial application operations, which include flights to apply substances like fertilizers, baits, and pesticides. These operations must adhere to strict weight limitations to ensure safety, as stipulated in subregulation 137.190 of CASR 1998. However, there was a discrepancy in the regulation's interpretation that required correction. To address this, CASA issued an exemption under subregulation 11.160 of CASR 1998, aligning the regulations with their original intent and industry expectations. The exemption applies to pilots in command of aeroplanes engaged in application operations, exempting them from specific weight limitations but imposing conditions to maintain safety. These conditions include not exceeding the highest specified gross weight for take-off and ensuring the aeroplane has a jettison system for in-flight release of materials. The exemption is subject to tabling and disallowance in Parliament, as declared under the Legislative Instruments Act 2003, although consultation was not required in this instance as it corrects an existing error.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) contain specific provisions related to aerial application operations, which are detailed in Part 137. Section 137.190(1) of CASR 1998 mandates that the pilot in command must ensure the aeroplane's gross weight does not exceed the maximum gross weight specified in the aeroplane's flight manual, any maximum gross weight established by a flight test supervised by CASA and displayed on a placard in the cockpit, or the maximum gross weight shown on the type certificate or type certificate data sheet issued by the National Aviation Authority (NAA) of the State of Design. Additionally, Section 137.190(2) requires the pilot to calculate the take-off weight by including the weight of the crew, any equipment carried, and the aeroplane's fuel load. The obligations imposed on pilots and operators under CASR 1998 are stringent and aim to maintain the highest safety standards. Pilots must adhere to the specified weight limitations and follow the correct calculation methods for take-off weight. Operators are responsible for ensuring that their aeroplanes comply with the regulations and that the necessary placards and documentation are correctly displayed and maintained. Failure to comply with the weight limitations and other requirements of CASR 1998 can lead to serious consequences. According to Section 11.210 of CASR 1998, it is an offence not to comply with a condition of an exemption. The penalties for such breaches can include significant fines and potential imprisonment, reflecting the serious nature of ensuring safety in aerial application operations. The specific penalties are not detailed in the provided text but typically align with the severity of the breach and the risk posed to aviation safety. The exemption granted by CASA aims to correct an error in the original interpretation of the weight limitations, ensuring that the operations adhere to the intended safety standards. This exemption allows pilots to operate within the conditions that reflect CASA's original intentions, subject to specific conditions that must be met, such as ensuring the aeroplane has a jettison system and adhering to the weight calculation procedures. This exemption is published and subject to disallowance under the Legislative Instruments Act 2003, although no consultation was required in this instance due to the nature of the correction.

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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.